Category Archives: remedies

Personal liability for corporate scheme appropriate for repeat offender

Posted on August 19, 2014 by rtushnet

Federal Trade Comm’n v. Grant Connect, LLC, No. 11–18023, 2014 WL 3973402 (9th Cit. Aug. 15, 2014) Individual defendant Kyle Kimoto appealed from the district court’s grant of summary judgment to the FTC and its permanent injunction against a variety … Continue reading →

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Unsubstantiated "more powerful" claim leads to more powerful recall

Posted on May 21, 2014 by rtushnet

Groupe SEB USA, Inc v. Euro-Pro Operating LLC, 2014 WL 2002126, No. 14–137 (W.D. Pa. May 15, 2014) (magistrate judge) Previous opinion.  Here, the court grants a preliminary injunction against certain statements found to be literally false. The parties compete … Continue reading →

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Deference to the PTO’s acceptance of a specimen and tacking

Posted on March 10, 2014 by rtushnet

Reynolds Consumer Products, Inc. v. Handi-Foil Corp., 2014 WL 794277, No. 13-cv-214 (E.D. Va. Feb. 27, 2014) Reynolds sued Handi-Foil, its competitor in the market for aluminum foil, for trade dress infringement and false advertising.  Here, the court rejects Handi-Foil’s … Continue reading →

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FTC successfully imposes individual liability on high-level employee

Posted on March 3, 2014 by rtushnet

Federal Trade Commission v. Ross, 2014 WL 703739, No. 12-2340 (4th Cir. Feb. 25, 2014) The hits (by which I mean FTC victories) just keep on coming. Here, the FTC sued Innovative Marketing and several of its high-level executives and … Continue reading →

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false comparative ads lead to profit disgorgement

Posted on March 3, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading →

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FTC wins big against diabetes treatment claims

Posted on February 27, 2014 by rtushnet

Federal Trade Commission v. Wellness Support Network, Inc., 2014 WL 644749, No. 10–cv–04879 (N.D. Cal. Feb. 19, 2014) (magistrate judge) The FTC sued Wellness and its principals Robert Held and Robyn Held for false advertising and deceptive practices in the … Continue reading →

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